Age of Consent Laws by State (2026)
The age of consent in each state and DC, from the state's criminal code.
| State | Age of consent |
|---|---|
| Alabama | 16. A person commits rape in the second degree if he or she, being 16 years old or older, engages in sexual intercourse with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person. Consent is no defense to this offense. Ala. Code 1975 §§ 13A-6-62, 13A-6-70 (offenses on or after 9/1/2019) |
| Alaska | Sexual abuse of a minor in the second degree includes when the defendant, being 17 years of age or older, engages in sexual penetration with a child who is 13, 14, or 15 years of age and at least four years younger than the defendant. Sexual penetration with a child under 13 is first-degree sexual abuse of a minor. AS 11.41.434(a)(1), 11.41.436(a)(1); Alaska Criminal Pattern Jury Instructions (Revised 2022) |
| Arizona | 18. Sexual conduct with a minor is intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age. Close-in-age defense: it is a defense if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual. A.R.S. §§ 13-1405(A), 13-1407(E) |
| Arkansas | Arkansas's sexual assault laws use age 16 as the key line for adults 20 or older: a person who is twenty years of age or older and has sexual intercourse or deviate sexual activity with someone less than sixteen years of age who is not his or her spouse commits sexual assault in the fourth degree, a Class D felony (sexual contact alone under the same age limits is a Class A misdemeanor). Sexual intercourse or deviate sexual activity with a person less than fourteen years of age is rape, a Class Y felony, with an affirmative defense if the actor was not more than three years older than the victim. Sexual assault in the second degree (Class B felony) covers a person eighteen or older and a victim less than fourteen, and when a minor commits it against a person less than fourteen it is a Class D felony (affirmative defense if the minor is not more than three years older than a victim under 12, or four years older than a victim 12 or older). A minor who has sexual intercourse or deviate sexual activity with a person less than fourteen commits sexual assault in the third degree (Class C felony), with an affirmative defense if the actor was not more than three years older. Ark. Code §§ 5-14-127(a)(1), (b); 5-14-103(a)(3); 5-14-125(a)(3), (a)(5), (b); 5-14-126(a)(2) |
| California | 18. Penal Code § 261.5 makes sexual intercourse with a minor (a person under 18) who is not the perpetrator's spouse a crime. If the minor is not more than three years younger than the perpetrator, it is a misdemeanor (§ 261.5(b)); if the minor is more than three years younger, it is a separate offense under § 261.5(c); unlawful intercourse with a minor under age 18 by a person over age 21 is covered by § 261.5(d). Cal. Penal Code § 261.5(a)-(d); People v. Fields (Cal. Ct. App., A135605, 2014); People v. Jacobo (Cal. Ct. App., D074887, 2019) |
| Colorado | 17 (with age-gap rules). Sexual assault includes sexual intrusion or penetration when, at the time of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim (a class 6 felony). Sexual assault on a child covers sexual contact with a victim less than fifteen years of age when the actor is at least four years older. C.R.S. §§ 18-3-402(1)(d), (e), (3); 18-3-405(1) |
| Connecticut | Sexual assault in the second degree (§ 53a-71(a)(1)) includes sexual intercourse where the other person 'is thirteen years of age or older but under sixteen years of age and the actor is more than three years older than such other person' — making 16 the age of consent, with a close-in-age exception for partners not more than three years apart. It is a Class C felony, or a Class B felony if the victim is under sixteen. Sexual intercourse with a person under thirteen when the actor is more than two years older is sexual assault in the first degree (§ 53a-70(a)(2)). Conn. Gen. Stat. §§ 53a-70(a)(2), 53a-71(a)(1) |
| Delaware | 'A child who has not yet reached that child's sixteenth birthday is deemed unable to consent to a sexual act with a person more than 4 years older than said child' (§ 761). Rape in the fourth degree (class C felony) includes intercourse with a person who has not reached the sixteenth birthday, or who has not reached the eighteenth birthday when the person is 30 years of age or older (unless married) (§ 770(a)). Close-in-age: where the person committing the act is no more than 4 years older than the victim, it is an affirmative defense that the victim consented, except where the victim had not reached the twelfth birthday (§ 762(d)). Mistake as to age is not a defense (§ 762(a)). 11 Del. C. §§ 761, 762, 770 |
| District of Columbia | 'Child' means a person who has not yet attained the age of 16 years (§ 22-3001(3)). First degree child sexual abuse applies to a person who, 'being at least 4 years older than a child,' engages in a sexual act with that child; the penalty is imprisonment for any term of years or for life (§ 22-3008). This makes 16 the age of consent, with no offense under this section where the actor is less than 4 years older. D.C. Code §§ 22-3001(3), 22-3008 |
| Florida | Sexual activity with a person 12 years of age or older but less than 16 years of age is lewd or lascivious battery, a second-degree felony, and 'Neither the victim's lack of chastity nor the victim's consent is a defense' (§ 800.04(2), (4)). 'A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree' (§ 794.05(1)). Fla. Stat. §§ 794.05(1), 800.04 |
| Georgia | Statutory rape is sexual intercourse 'with any person under the age of 16 years and not his or her spouse,' so the age of consent is 16. It is punished by one to 20 years, or ten to 20 years if the offender is 21 or older. Close-in-age rule: if the victim is at least 14 but less than 16 and the offender is 18 or younger and 'no more than four years older than the victim,' the offense is a misdemeanor; child molestation (§ 16-6-4) has the same close-in-age misdemeanor provision. O.C.G.A. §§ 16-6-3(a)-(c); 16-6-4(a)(1), (b)(2) |
| Hawaii | Sexual assault in the first degree (Class A felony) includes knowingly engaging in sexual penetration with a person less than fourteen years old, or with a person 'at least fourteen years old but less than sixteen years old' where the actor is 'No less than five years older than the minor' and 'Not legally married to the minor.' This makes 16 the age of consent, with a close-in-age exception where the actor is less than five years older than a 14- or 15-year-old. Haw. Rev. Stat. § 707-730(1)(b)-(c) |
| Idaho | Rape includes sexual intercourse where the victim is under the age of sixteen (16) years, the perpetrator is eighteen (18) years of age or older, and the victim is not lawfully married to the perpetrator; or where the victim is sixteen (16) or seventeen (17) years of age, the perpetrator is three (3) years or more older than the victim, and the victim is not lawfully married to the perpetrator. Idaho Code § 18-6101(1), (2) |
| Illinois | Aggravated criminal sexual abuse includes an act of "sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim." It is an affirmative defense if "the accused reasonably believed the person to be 17 years of age or over." 720 ILCS 5/11-1.60(d), 11-1.70(b) (West 2014), as quoted in 2018 IL App (3d) 160101-U (Rule 23 order filed May 8, 2018) |
| Indiana | Indiana's criminal code does not use the phrase 'age of consent'; it sets ages in its sex-offense statutes. A person at least eighteen (18) years of age who performs or submits to sexual intercourse or other sexual conduct with a child less than sixteen (16) years of age commits sexual misconduct with a minor, a Level 5 felony, or a Level 4 felony if the person is at least twenty-one (21) (§ 35-42-4-9(a)). Sexual intercourse or other sexual conduct with a child under fourteen (14) years of age is child molesting, a Level 3 felony, or a Level 1 felony if the person is at least twenty-one (21) or other aggravating facts apply (§ 35-42-4-3(a)). Close-in-age defense: it is a defense to sexual misconduct with a minor if the person is not more than four (4) years older than the victim, they were in a dating or ongoing personal relationship, the person is under twenty-one (21), and no force, weapon, serious injury, drugging or position of authority was involved, among other conditions (§ 35-42-4-9(e)). It is also a defense that the accused reasonably believed the child was at least sixteen (16), or that the child is or has been married (§ 35-42-4-9(c), (d)). Ind. Code §§ 35-42-4-9, 35-42-4-3 |
| Iowa | Sexual abuse in the third degree (a class C felony) includes a sex act between persons not cohabiting as husband and wife where "the other person is fourteen or fifteen years of age" and the person is a member of the same household, is related by blood or affinity to the fourth degree, is in a position of authority and uses it to coerce, or "is four or more years older than the other person." Iowa Code § 709.4(1)(b)(2), (2) (Iowa Code 2026) |
| Kansas | Indecent liberties with a child covers lewd fondling or touching with a child "who is 14 or more years of age but less than 16 years of age" (severity level 5, person felony); sexual intercourse with a child 14 or 15 is aggravated indecent liberties (severity level 3, person felony). A lesser offense, unlawful voluntary sexual relations, applies when the child is 14 or 15, the offender is less than 19 years of age and "less than four years of age older than the child," and they are the only parties involved; voluntary sexual intercourse under that section is a severity level 8, person felony. K.S.A. 21-5506(a), (b)(1), (c); 21-5507(a), (b) |
| Kentucky | A person is deemed incapable of consent when he or she is 'Less than sixteen (16) years old' or 'Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years older than the victim at the time of the sexual act' (§ 510.020(3)). Rape in the third degree (Class D felony) includes a person 21 or older having intercourse with a person less than 16, or a person at least 10 years older than a 16- or 17-year-old (§ 510.060). Rape in the second degree (Class C felony) is a person 18 or older having intercourse with a person less than 14 (§ 510.050); rape in the first degree includes intercourse with a person less than 12 (§ 510.040). KRS 510.020, 510.040, 510.050, 510.060 |
| Louisiana | Felony carnal knowledge of a juvenile: a person 17 or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17, when the victim is not the offender's spouse and the difference between their ages is four years or greater; penalty — fine of not more than $5,000, imprisonment with or without hard labor for not more than ten years, or both; lack of knowledge of the juvenile's age is not a defense (R.S. 14:80). Misdemeanor carnal knowledge of a juvenile: offender 17 or older, victim 13 or older but less than 17, and the age difference is greater than two years but less than four years; penalty — fine of not more than $1,000, imprisonment for not more than six months, or both (R.S. 14:80.1). Sexual intercourse with a victim under 13 is first degree rape (R.S. 14:42). La. R.S. 14:80, 14:80.1, 14:42 |
| Maine | Sexual abuse of minors: a person who engages in a sexual act with another person, not the actor's spouse, who is either 14 or 15 years of age, when the actor is at least 5 years older than the other person, commits a Class D crime; Class C if the actor is at least 10 years older, or knows the person is related within the 2nd degree of consanguinity (§ 254(1)(A), (A-1), (A-2)). It is a defense that the actor reasonably believed the other person is at least 16 years of age (§ 254(2)). A sexual act with a person, not the actor's spouse, who 'has not in fact attained the age of 14 years' is gross sexual assault, a Class A crime (§ 253(1)(B)). Separate provisions cover school employees age 21 or older with enrolled students age 16 or 17 (§ 254(1)(C)-(E)). 17-A M.R.S. §§ 253(1), 254 |
| Maryland | Sexual offense in the fourth degree (misdemeanor; up to 1 year and/or $1,000): a sexual act or vaginal intercourse with a person who is 14 or 15 years old when the actor is at least 4 years older (Crim. Law § 3-308(b)). Sexual offense in the third degree (felony; up to 10 years): a sexual act or vaginal intercourse with a person who is 14 or 15 years old when the actor is at least 21 years old, or sexual contact with a person under 14 when the actor is at least 4 years older (§ 3-307(a)(3)-(5)). Rape in the second degree (up to 20 years): vaginal intercourse or a sexual act with a person 'under the age of 14 years' when the actor is at least four years older; when the actor is 18 or older and the victim is younger than 13, the penalty is not less than 15 years up to life (§ 3-304). Md. Code, Crim. Law §§ 3-304, 3-307, 3-308 |
| Massachusetts | Sexual intercourse or unnatural sexual intercourse with a child 'under 16 years of age' is rape and abuse of a child, punishable by imprisonment in the state prison for life or for any term of years (c. 265, § 23). Aggravated rape and abuse of a child (state prison for life or any term of years, but not less than 10 years): the victim is under 16 and (a) the defendant is more than 5 years older and the victim is under 12; (b) the defendant is more than 10 years older and the victim is between 12 and 16; or (c) the defendant was a mandated reporter (c. 265, § 23A). G.L. c. 265, §§ 23, 23A |
| Michigan | Third-degree criminal sexual conduct (felony, up to 15 years) includes sexual penetration when 'That other person is at least 13 years of age and under 16 years of age' (MCL 750.520d(1)(a)); no close-in-age exception appears in that subdivision. Sexual penetration with a person under 13 is first-degree criminal sexual conduct (MCL 750.520b). MCL 750.520d(1)(a); MCL 750.520b |
| Minnesota | Under the criminal sexual conduct statutes, consent is not a defense when the complainant is under 16 and the actor is more than 24 months older. Third-degree criminal sexual conduct covers sexual penetration where 'the complainant is at least 14 but less than 16 years of age' and 'the actor is more than 24 months older than the complainant' (§ 609.344, subd. 1a(b)); if the actor is no more than 60 months older, it is an affirmative defense that the actor reasonably believed the complainant was 16 or older; otherwise neither mistake of age nor consent is a defense. First-degree applies where 'the complainant is under 14 years of age and the actor is more than 36 months older' (§ 609.342, subd. 1a(e)). For complainants 16 to under 18, offenses apply where the actor is more than 36 months older and in a position of authority, or has a significant relationship with the complainant (§ 609.344, subd. 1a(e)-(g)). Maximum for third degree: 15 years and/or $30,000. Minn. Stat. §§ 609.342, 609.344 |
| Mississippi | Mississippi's statutory rape law (§ 97-3-65) effectively sets the age of consent at 16. It is statutory rape for a person 17 or older to have sexual intercourse with a child who is at least 14 but under 16, is 36 or more months younger, and is not the person's spouse (§ 97-3-65(1)(a)); and for a person of any age to have intercourse with a child under 14 who is 24 or more months younger (§ 97-3-65(1)(b)). 'Neither the victim's consent nor the victim's lack of chastity is a defense' (§ 97-3-65(2)). Penalties range by the offender's age, up to life imprisonment (not less than 20 years) for an offender 18 or older under (1)(b) (§ 97-3-65(3)). Miss. Code Ann. § 97-3-65 |
| Missouri | Statutory rape in the first degree: sexual intercourse with 'another person who is less than fourteen years of age' (§ 566.032; life or not less than ten years). Statutory rape in the second degree: a person 'twenty-one years of age or older' who has sexual intercourse with 'another person who is less than seventeen years of age' (§ 566.034; class D felony). Under 14, it is no defense that the defendant believed the child was older, and consent is not a defense; where the victim must be under 17, it is an affirmative defense that the defendant reasonably believed the child was seventeen or older (§ 566.020). RSMo §§ 566.020, 566.032, 566.034 |
| Montana | A victim is incapable of consent if the victim is 'less than 16 years old' (§ 45-5-501(1)(b)(iv)). Sexual intercourse without consent where 'the victim is less than 16 years old and the offender is 4 or more years older than the victim' is punishable by life imprisonment or imprisonment in the state prison for a term of not less than 4 years or more than 100 years, and a fine of not more than $50,000 (§ 45-5-503(3)(a)). If 'the victim is at least 14 years of age and the offender is 18 years of age or younger,' the offender may instead be punished by up to 5 years and a fine of not more than $10,000 when the offender has no prior sexual-offense findings, a psychosexual evaluation supports relief from registration, and the court finds the conduct was consensual (§ 45-5-503(5)). MCA §§ 45-5-501, 45-5-503 |
| Nebraska | Sexual assault in the first degree includes sexual penetration 'when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age' (§ 28-319(1)(c)); this is a Class II felony, with a mandatory minimum of 25 years for a second conviction (§ 28-319(2)-(3)). Neb. Rev. Stat. § 28-319 |
| Nevada | 'Statutory sexual seduction' means sexual intercourse, anal intercourse or sexual penetration 'committed by a person 18 years of age or older with a person who is 14 or 15 years of age' and who is at least 4 years younger than the perpetrator (NRS 200.364(10)). Penalties: offender 21 or older — category B felony, imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and a fine of not more than $10,000; offender under 21 — gross misdemeanor (category D felony if previously convicted of a sexual offense) (NRS 200.368). NRS 200.364, 200.368 |
| New Hampshire | Sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 4 years or more is felonious sexual assault, a class B felony (§ 632-A:3, II). Close-in-age: in the absence of aggravating circumstances in § 632-A:2, sexual penetration with a person who is 13 years of age or older and under 16 years of age where the age difference is 4 years or less is sexual assault, a class A misdemeanor (§ 632-A:4, I(c)). RSA 632-A:3, II; RSA 632-A:4, I(c) |
| New Jersey | Sexual assault (a crime of the second degree) includes sexual penetration where 'the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim' (§ 2C:14-2(c)(4)), and where the victim is at least 16 but less than 18 years old and the actor is related to the victim by blood or affinity to the third degree, has supervisory or disciplinary power over the victim, or is a resource family parent, guardian, or stands in loco parentis within the household (§ 2C:14-2(c)(3)). Sexual penetration where the victim is less than 13 years old is aggravated sexual assault, a crime of the first degree (§ 2C:14-2(a)(1)). N.J.S. 2C:14-2(a)(1), (c)(3), (c)(4) |
| New Mexico | New Mexico's criminal code does not use the phrase 'age of consent'; it sets ages in the criminal sexual penetration statute. Sexual penetration of a child under thirteen years of age is criminal sexual penetration in the first degree (§ 30-9-11(D)(1)). Sexual penetration of a child thirteen to sixteen years of age is criminal sexual penetration in the fourth degree, a fourth degree felony, when the perpetrator is at least eighteen years of age, is at least four years older than the child and is not the spouse of that child (§ 30-9-11(G)(1)). School employees, contractors and volunteers who are at least eighteen and at least four years older commit the same offense with a student thirteen to eighteen years of age (§ 30-9-11(G)(2)). Force or coercion, or a position of authority, makes conduct with a child thirteen to eighteen a more serious offense (§§ 30-9-11(E), 30-9-13). NMSA 1978, §§ 30-9-11, 30-9-13 |
| New York | A person is deemed incapable of consent when he or she is 'less than seventeen years old' (§ 130.05(3)(a)). Rape in the third degree (class E felony) includes vaginal, oral or anal sexual contact by a person twenty-one years old or more with a person less than seventeen years old (§ 130.25(4)-(6)). Rape in the second degree (class D felony) includes a person eighteen years old or more engaging in vaginal sexual contact with another person less than fifteen years old (§ 130.30(1)). Close-in-age: for § 130.30(1)-(3) it is an affirmative defense that 'the defendant was less than four years older than the victim at the time of the act.' N.Y. Penal Law §§ 130.05(3)(a), 130.25, 130.30 |
| North Carolina | Statutory rape of a person who is 15 years of age or younger: a Class B1 felony if the defendant engages in vaginal intercourse with another person who is 15 years of age or younger and the defendant is at least 12 years old and at least six years older than the person; a Class C felony if the defendant is at least 12 years old and more than four but less than six years older than the person — in each case 'except when the defendant is lawfully married to the person.' N.C. Gen. Stat. § 14-27.25 |
| North Dakota | 18 (minors are persons under eighteen years of age). An adult who engages in a sexual act with a minor fifteen years of age or older is guilty of a class A misdemeanor (corruption of minors), or a class C felony if the adult is at least twenty-two years of age; a sexual act with a victim less than fifteen years old is gross sexual imposition. Close-in-age provisions: when criminality depends on the victim being a minor fifteen years of age or older, the actor is guilty only if the actor is at least three years older than the minor; when criminality depends on the victim being below fifteen and the actor is a minor, the actor is guilty only if at least three years older than the victim. N.D.C.C. §§ 12.1-20-01(3)-(4), 12.1-20-03(1)(d), 12.1-20-05(1)-(2), 14-10-01 |
| Ohio | 16. No person who is eighteen years of age or older shall engage in sexual conduct with another when the offender knows the other person is thirteen years of age or older but less than sixteen years of age, or the offender is reckless in that regard (unlawful sexual conduct with a minor). It is generally a felony of the fourth degree; if the offender is less than four years older than the other person, it is a misdemeanor of the first degree; if the offender is ten or more years older, it is a felony of the third degree; certain prior sex-offense convictions make it a felony of the second degree. R.C. 2907.04 |
| Oregon | 18. A person is considered incapable of consenting to a sexual act if the person is under 18 years of age. Sexual intercourse with another person under 16 years of age is rape in the third degree, a Class C felony; with a person under 14 years of age, rape in the second degree, a Class B felony. Close-in-age defense: in prosecutions under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 and 163.435 in which the victim's lack of consent was due solely to incapacity to consent by reason of being under a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense. ORS 163.315(1)(a), 163.345(1), 163.355, 163.365 |
| Pennsylvania | 16. Statutory sexual assault: a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and the person is four years older but less than eight years older, or eight years older but less than 11 years older, than the complainant; it is a felony of the first degree if the person is 11 or more years older than the complainant under 16. Sexual intercourse with a complainant less than 13 years of age is rape of a child, a felony of the first degree. Mistake as to age is no defense when criminality depends on a child being below 14; for a higher critical age, the defendant may prove by a preponderance of the evidence a reasonable belief that the child was above it. 18 Pa.C.S. §§ 3122.1, 3121(c), 3102 |
| Rhode Island | 16. Third degree sexual assault is committed by a person over the age of eighteen (18) years who engages in sexual penetration with another person over the age of fourteen (14) years and under the age of consent, sixteen (16) years of age. It is also third degree sexual assault for a person over eighteen (18) to engage in sexual penetration or sexual contact with a person over fourteen (14) and under eighteen (18) in listed circumstances under subsection (b)(2); an exemption applies where the parties are between the ages of sixteen (16) and twenty (20) years and no more than thirty (30) months apart in age. R.I. Gen. Laws § 11-37-6 |
| South Carolina | 16. Sexual battery with a victim who is at least fourteen years of age but who is less than sixteen years of age is criminal sexual conduct with a minor in the second degree when the actor is in a position of familial, custodial, or official authority to coerce the victim to submit or is older than the victim (sexual battery with a victim fourteen or younger is criminal sexual conduct with a minor in the first or second degree). Close-in-age provision: "a person may not be convicted of a violation of the provisions of this item if he is eighteen years of age or less when he engages in consensual sexual conduct with another person who is at least fourteen years of age." Second degree is a felony punishable by imprisonment of not more than twenty years. S.C. Code § 16-3-655(A), (B), (D)(3) |
| South Dakota | 16. Sexual penetration with a victim under thirteen years of age is rape in the first degree (Class C felony). Sexual penetration with a victim who is thirteen years of age but less than sixteen years of age is rape in the fourth degree (Class 3 felony) when the perpetrator is at least three years older than the victim; this three-year age difference operates as the close-in-age provision. SDCL 22-22-1(1), (5) |
| Tennessee | 18 (for the statutory rape offenses, which apply when the victim is under 18 and there is an age gap of at least four years). Mitigated statutory rape (Class E felony): the victim is at least 15 but less than 18 years of age and the defendant is at least four but not more than five years older than the victim. Statutory rape (Class E felony): the victim is at least 13 but less than 15 years of age and the defendant is at least four years but less than 10 years older than the victim, or the victim is at least 15 but less than 18 and the defendant is more than five but less than 10 years older. Aggravated statutory rape (Class D felony): the victim is at least 13 but less than 18 years of age and the defendant is at least 10 years older than the victim. Tenn. Code Ann. § 39-13-506(a)-(d) |
| Texas | 17. For sexual assault, "child" means a person younger than 17 years of age. Close-in-age defense: it is an affirmative defense to prosecution for sexual assault of a child that the actor was not more than three years older than the victim and at the time of the offense the victim was a child of 14 years of age or older, provided the actor was not required to register for life as a sex offender and did not have a reportable conviction or adjudication, and the victim was not a person whom the actor was prohibited from marrying or with whom sexual intercourse was barred under Penal Code §§ 25.01 or 25.02. Sexual assault is a felony of the second degree, with listed exceptions. Tex. Penal Code § 22.011(c)(1), (e)(2), (f) |
| Utah | 16, with limits for 16- and 17-year-olds. Unlawful sexual activity with a minor applies when an actor 18 years old or older has sexual intercourse or other listed sexual acts with an individual who is 14 years old or older but younger than 16 years old (third degree felony). It is reduced to a class B misdemeanor if the defendant proves the defendant is less than four years older than the minor or is 18 and enrolled in high school, and to a class A misdemeanor if the defendant was younger than 21. For a minor who is 16 years old or older but younger than 18, unlawful sexual conduct applies when the actor is 10 or more years older, or is seven or more but less than 10 years older and knew or reasonably should have known the minor's age. Sexual activity between adolescents aged 12 to 17 is graded by the ages involved under the unlawful adolescent sexual activity statute. Utah Code §§ 76-5-401, 76-5-401.2, 76-5-401.3 |
| Vermont | 16. "No person shall engage in a sexual act with a child who is under the age of 16, except: (1) where the persons are married to each other and the sexual act is consensual; or (2) where the person is less than 19 years old, the child is at least 15 years old, and the sexual act is consensual." A violation is punishable by imprisonment for not more than 20 years and a fine of not more than $10,000.00. 13 V.S.A. § 3252(c), (f)(2) |
| Virginia | No single 'age of consent' section. Carnal knowledge, without force, of a child thirteen years of age or older but under fifteen years of age is a Class 4 felony; a child under 13 cannot be a consenting child. Close-in-age: if the child consents and the accused is a minor, it is a Class 6 felony if the child is three or more years younger than the accused, and a Class 4 misdemeanor if the child is less than three years younger. A person 18 or older who engages in consensual sexual intercourse (or listed acts) with a child 15 or older who is not the person's spouse, child or grandchild is guilty of a Class 1 misdemeanor (contributing to the delinquency of a minor). Va. Code §§ 18.2-63, 18.2-371 |
| Washington | 16 (no single 'age of consent' section). Rape of a child in the third degree: sexual intercourse with a person who is at least fourteen years old but less than sixteen years old, where the perpetrator is at least forty-eight months older than the victim (class C felony). For victims 16 or 17, sexual misconduct with a minor in the first degree applies when the perpetrator is at least sixty months older and is in a significant relationship with the victim and abuses a supervisory position, or is a school employee (students 16 to 21) or a foster parent (class C felony). RCW 9A.44.079, 9A.44.093 |
| West Virginia | 16. A person is deemed incapable of consent when he or she is less than sixteen years old. Sexual assault in the third degree: a person sixteen years old or more who engages in sexual intercourse or sexual intrusion with another person who is less than sixteen years old and who is at least four years younger than the defendant (felony, 2 to 10 years and a fine of up to $20,000). W. Va. Code §§ 61-8B-2(c)(1), 61-8B-5 |
| Wisconsin | 18 (a 'child' is a person who has not attained the age of 18 years). Sexual contact or sexual intercourse with a person who has not attained the age of 16 years is second-degree sexual assault of a child (Class C felony). Sexual intercourse with a child who has attained the age of 16 years, by a person who has attained the age of 19 years and is not the child's spouse, is a Class A misdemeanor. Close-in-age: when the actor has not attained the age of 19, sexual intercourse with a child who has attained age 15 (or sexual contact with a child age 15) is a Class A misdemeanor (underage sexual activity). Wis. Stat. §§ 948.01(1), 948.02(2), 948.09, 948.093 |
| Wyoming | No single 'age of consent' section; under the sexual abuse of a minor statutes it is effectively 16. Being seventeen (17) years of age or older, inflicting sexual intrusion on a victim who is thirteen (13) through fifteen (15) years of age when the victim is at least four (4) years younger than the actor is sexual abuse of a minor in the second degree (up to 20 years). For victims sixteen (16) or seventeen (17), sexual intrusion is a crime when the actor is twenty (20) or older, at least four years older and occupies a position of authority (third degree, up to 15 years), or is 18 or older and the victim's legal guardian or a listed relative (first degree). Any sexual intrusion on a victim less than thirteen (13) by an actor sixteen (16) or older is first degree (up to 50 years). W.S. 6-2-314, 6-2-315, 6-2-316 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.